Conspiracy and Possession with Intent to Distribute 8 Pounds of Marijuana: Continued Without a Finding
Police conducted surveillance on the home of a known local drug dealer. The observed what they believed to be a hand-to-hand drug transaction between the local dealer and his supplier outside the dealerÓ³ home. Here After observing this transaction the local dealer returned to inside his home and the supplier drove away from the scene. Officers then conducted a traffic stop of the supplier. Upon approaching the car they detected an odor of marijuana emanating from inside. They searched the vehicle and discovered a small amount of marijuana in the center console along with $2150 concealed under the emergency brake. Officers seized both the drugs and money as evidence and released the supplier with a summons to appear in court at a later date for marijuana possession. Police resumed their surveillance of the local dealer. After observing several more hand-to-hand transactions they arrested him. At his arrest the local dealer confessed to purchasing drugs earlier from his supplier and turned over more than $8000 in cash and a large quantity or marijuana. Based on this information namely confirmation of the identity and address of the supplier police turned their attention to him for purposes of conducting more surveillance. However before police could initiate surveillance on him an informant relayed that the supplier in fear of being arrested after his traffic stop earlier in the day transported more than 8 pounds of marijuana from his home to a friendÓ³ apartment. Police followed up on this lead which resulted in the seizure of 8 pounds or hydroponic marijuana with a street value of nearly $50000.00. Defendant was subsequently arrested and charged with Conspiracy; Possession with Intent to Distribute Marijuana; Distribution of Marijuana; and a Drug School Zone Violation Ö a charge that carries a mandatory minimum jail sentence of two years. The supplier smartly retained Attorney Calcagni to represent him during this complex drug case. At a pretrial conference after filing several motions Attorney Calcagni successfully negotiated a pretrial disposition that involved no jail sentence or a criminal conviction for his client. The man was sentenced to a Continuation without a Finding (CWOF) for a period of 18 months during which time he will remain on probation. Providing he is not charged with another crime during this period his case will be dismissed at the conclusion of the probation term and he will not incur a criminal conviction from this incident.